Auble

MEMORANDUM **

Appellant Sabrina Auble appeals her conviction and sentence for importation of marijuana, in violation of 21 U.S.C. §§ 952 and 960, and for possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841 .

1. Auble’s Confrontation Clause right was not violated by the admission of her co-defendant’s contradictory statements because the statements, by themselves, did not “facially, expressly, clearly, or powerfully” implicate her, United States v. Angwin, 271 F.3d 786, 796 (9th Cir. 2001), and, alternatively, because the statements were non-hearsay. See Tennessee v. Street, 471 U.S. 409, 414 , 105 S.Ct. 2078 , 85 L.Ed.2d 425 (1985); see also United States v. Hackett, 638 F.2d 1179, 1186-87 (9th Cir.1980).

2. Admission of the evidence found on Auble’s co-defendant, a glass smoking pipe and a baggy believed to contain marijuana, was an abuse of discretion. This evidence was “highly prejudicial,” and *974 there was no suggestion that it was part and parcel of the transaction or necessary for the prosecutor to tell a coherent story. United States v. Vizcarra-Martinez, 66 F.3d 1006, 1012-13, 1017 (9th Cir.1995). However, the district court’s error was…